On May 9, 2025, WLF asked the Supreme Court to review, and ultimately to overturn, a decision of the Missouri Court of Appeals that allows state products liability law to override federal regulatory law. WLF joined the U.S. Chamber of Commerce, the American Tort Reform Association, and the Product Liability Advisory Council on the amicus brief, which was authored by Goodwin Proctor’s Willy Jay and Benjamin Hayes. In its amicus brief supporting Monsanto, WLF argues that state tort law cannot flout express preemption provisions in federal law by undermining the congressionally mandated, science-based regulation of herbicide labeling. Imposing state tort liability for failing to provide a label warning that EPA has determined is false and misleading, and thus should not be provided, would place manufacturers like Monsanto in an impossible quandary.
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